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so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst, peter bergen, joining us. peter has written extensively on al qaeda and osama bin laden. peter, i appreciate you joining us. what are the questions that you are most interested in learning about these two, in particular about motivation and their operational capability? >> well, first of all, anderson, i think it's very interesting that they were able to detonate two bombs almost simultaneously. i think that's pretty hard. it suggests either practice in the united states or training elsewhere or perhaps both. we've had terrorists who have gone overseas who have tried to d
so the miranda issue may be not all that important as a legal matter. and the fact that they get information from him that can be used to make sure there are no other conspiracies out there, that may be very useful information. and they can still prosecute him very successfully without those statements because it sure seems like there is going to be a lot of evidence against this guy, independent of any statements he might have made. >> i want to bring in our national security analyst,...
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Apr 24, 2013
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miranda or not but it sounds like this was premiranda by the magistrate. eric, thank you. >> all right. >> and more controversy surfacing tonight over tamerlan tsarnaev's 2010 trip to russia. how much did homeland know? here's what january -- janet napolitano said today. >> the system pinged when he was leaving the united states. by the time he returned all investigations -- the matter had been closed. >> but senator lindsey graham said the fbi claimed to know nothing, yes, nothing about the trip and tonight the fbi and homeland security briefing lawmakers. congressman jason chase is on the house homeland security committee. he joins us. nice to see you, sir. >> thanks, greta. >> can you clarify or do you know whether or not he mentioned going out of the united states? there's some confusion over what senator lindsay graham said and what the secretary said. >> i don't know what the secretary means when she said ping. what is clear to me from my past experience, the united states of america has no viable entry-exit system. we aren't able to track people as
miranda or not but it sounds like this was premiranda by the magistrate. eric, thank you. >> all right. >> and more controversy surfacing tonight over tamerlan tsarnaev's 2010 trip to russia. how much did homeland know? here's what january -- janet napolitano said today. >> the system pinged when he was leaving the united states. by the time he returned all investigations -- the matter had been closed. >> but senator lindsey graham said the fbi claimed to know nothing,...
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Apr 20, 2013
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the government decided he will not be given the miranda warning. the usual warning on every episode of "law & order." there's a question of public safety and they can question him for 48 hours before having to give him the warning and use that information in court. the justice department says most people even in these circumstances, even facing very serious charges ultimately the death penalty if the government chooses to bring it, they still choose to talk. it's a controversial decision nonetheless. some republicans think anyone who commits an act of terrorism even on american soil, even if they're american citizens as he is, should be brought before a military tribunal and treated as enemy combatant. >> it's a political hot potato. a lot of administration officials point out the so-called underwear bomber, umar farouk abdulmutallab continued to talk after being mirandized. thank you to you. >> what are investigators doing now? michael leiter served as the director of the national counterterrorism center under presidents bush and obama. good morni
the government decided he will not be given the miranda warning. the usual warning on every episode of "law & order." there's a question of public safety and they can question him for 48 hours before having to give him the warning and use that information in court. the justice department says most people even in these circumstances, even facing very serious charges ultimately the death penalty if the government chooses to bring it, they still choose to talk. it's a controversial...
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Apr 21, 2013
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. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of ammunition, guns and working bombs these men had. they were so disciplined. >> any indication of another sleeper cell? >> right now, no evidence of a broader plot involving more people here, but law enforcement officials say they can't take that chance. the investigation is full tilt to find that out. >> okay, pierre, thanks very much. let's get more on this from our team of analysis from our team, dan abrams, brad garrett and richard clarke. dan, let me begin with you. the question about the questioning of the witness, at least at first he will not be read his miranda rights. >> that's rig
. >> and they'll ask him questions at first without reading him his miranda rights. when do you expect charges to be filed? >> charges could come as early today. terror charges that could bring the death penalty. he won't be read his miranda rights. they're going to use the public safety can exception. they're taking this extraordinary step because there could be an imminent threat still out there. i just got off the phone, george, with a senior law enforcement, of deep concern of...
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Apr 20, 2013
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people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
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Apr 20, 2013
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it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
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Apr 22, 2013
04/13
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. >> miranda warnings is probably a tem pet pest in a teapot here. the 2013 lexus gs. this is the pursuit of perfection. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors. where you stand, turn to us. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all the ♪ ♪ girls and the guys wanna keep that credit score ♪ ♪ high like a private jet free-credit-score-dot-com ♪ ♪ don't forget! narrator: offer applies with enrollment in freecreditscore.com [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless. ♪ from finding the best way... ♪ to finding the best catch... ♪ wireless is limitless. ♪ hwelcome back.. nice to see you again! hey! i almost didn't recognize you without the suit. well, this is my weekend suit. weekend getaways just got better. well, enjoy your round! alrigh
. >> miranda warnings is probably a tem pet pest in a teapot here. the 2013 lexus gs. this is the pursuit of perfection. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors. where you stand, turn to us. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all...
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Apr 22, 2013
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h these questions can be maintained if he does not get his miranda rights. that is going to expire in will 48-hours. >> he says the agency is getting a lot of outside pressure to mir ran dies him. mir ran dieing him may jeopardize what they can use for him in court. they should hold off as long as possible to gter as much information as possible. >>> time now for your 5@5:00. 5 people are dead after a shooting in an apartment complex in seattle including a suspect. police responded to a shooting in federal way when two men were injured in a parking lot. officers moved to assist them. that's when they opened fire. a man and a woman also found dead inside of an apartment. there's no word on what sparked the shooting. >> four more victims have been identified from the deadly fert liedzer plant explosion. among them two brothers doug and robert newcastle both firefighters. >> both brothers were ready to serve neighbors in their time of need. they were the first in the emergency situation. robert and doug were more than just brothers. they were lifelong best frie
h these questions can be maintained if he does not get his miranda rights. that is going to expire in will 48-hours. >> he says the agency is getting a lot of outside pressure to mir ran dies him. mir ran dieing him may jeopardize what they can use for him in court. they should hold off as long as possible to gter as much information as possible. >>> time now for your 5@5:00. 5 people are dead after a shooting in an apartment complex in seattle including a suspect. police...
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Apr 22, 2013
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bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we could have seen coming if we had questioned the guy. just think of the conversation if there was a second attack that we could have prevented because we let the guy clam up. bill: this particular decision was broadened two years and and changed by executive order. that is something the president put in action in case you would have an event like this. that you could possibly have active, ongoing terror attacks or threats of terror attacks that could endanger the safety of the public. >> that's why i think he's done the right thing by not giving him the ability to be quiet. we n
bill: are you okay with him not being read his miranda rights? >> i am. at this point i think it's perfectly fine. again i don't think it matters under what exception. you can always mirandize this individual, but the important thing is that get the information now. bill: i have not heard a lot of people disagree with that. >> think about the opposite what if they had read him the miranda rights and what if he had clammed up and what if there, god forbid been another attack that we...
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Apr 20, 2013
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there's a public safety exception outside of miranda. we almost never see it but we saw it with the underwear bomber from detroit and we see it in this case. >> obviously they want todzhokhar alive, that was a priority. but what kind of condition had he been in? >> he had been shot in the neck and the leg. most likely with the amount of blood the homeowner saw, most likely from the night before. so 20 hours earlier after a fierce battle with the carjacking and the car chase, but throwing homemade grenades and one lard satchel bombs at police officers. so he had been bleeding for a long time. there is a picture we've shown earlier where you see him down on the ground being treated and there's an atf s.w.a.t. member who's a medic who was using an ambu bag to actually assist him in his breathing. you can see from the photo we looked at a moment ago where he's climbing out of the boat under his own power following the command of the hrt team that he was very weak. probably had he not been discovered might not have lived. he's an intelligence
there's a public safety exception outside of miranda. we almost never see it but we saw it with the underwear bomber from detroit and we see it in this case. >> obviously they want todzhokhar alive, that was a priority. but what kind of condition had he been in? >> he had been shot in the neck and the leg. most likely with the amount of blood the homeowner saw, most likely from the night before. so 20 hours earlier after a fierce battle with the carjacking and the car chase, but...
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attorney was asked, was he given the miranda warning. we understand there's a public safety exception. is a new wrinkle in counterterrorism operations. you know, for years law enforcement officers have been told the minute you arrest someone, the first thing do you before you ask them anything is read them their miranda rights. everyone who watched a mystery show can recite them. in this case, amid the controversy of whether they should be enemy combatants and held by the military because they're terrorists or whether they should be handled through the criminal justice system, they have adjusted that slightly to say when you have a terrorist in custody, you skip the miranda warning in the beginning on the public safety exception. you get to any questions that have to do with is there any danger right now? are there explosives devices? hazardous material? some plot you can tell us abouts this still unfolding against another target? when you have gotten through the exigent part of the public safety piece, then you revert back to all right,
attorney was asked, was he given the miranda warning. we understand there's a public safety exception. is a new wrinkle in counterterrorism operations. you know, for years law enforcement officers have been told the minute you arrest someone, the first thing do you before you ask them anything is read them their miranda rights. everyone who watched a mystery show can recite them. in this case, amid the controversy of whether they should be enemy combatants and held by the military because...
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the suspect has not been myrrh an di -- mirandaized. and broadly asserted by the obama administration, tonight the president spoke of what appears to be the end of the first chapter of this national episode. >> in this age of instant reporting, tweets and blogs, there's a temptation to latch on to any bit of information, sometimes to jump to conclusions, but when a tragedy like this happens, with public safety at risk and the stakes so high, it's important that we do this right. that's why we have investigations. that's why we relentlessly gather the facts. that's why we have courts. that's why we take care not to rush to judgment, not about the motivations of these individuals, certainly not about entire groups people. >> after a day in which the greater boston area was in lockdown, a virtual ghosttown, nearly as far as we can tell, unprecedented. less than an hour after the curfew was lifted this was the result. >> a man had gone out of his house after being inside the house all day bading by our request to stay inside. he walked outs
the suspect has not been myrrh an di -- mirandaized. and broadly asserted by the obama administration, tonight the president spoke of what appears to be the end of the first chapter of this national episode. >> in this age of instant reporting, tweets and blogs, there's a temptation to latch on to any bit of information, sometimes to jump to conclusions, but when a tragedy like this happens, with public safety at risk and the stakes so high, it's important that we do this right. that's...
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Apr 20, 2013
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doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >> reporter: now, again, i'm not an attorney, but what this source told me is this is the only recognized exception. in this case, seen or taken by the supreme court. >> and dick clark, weigh in on that, please. >> i'm not a lawyer, either, but my understanding is that any information he gives them, prior to getting his miranda rights probably cannot be used against him in a court of law, but it seems to me they've got enough information against him already. >> i was asking you earlier who would go in the room, what kind of people, how they would talk to him. and they will be recording every single thing that ha
doj official says on background that, again, the suspect is in custody, is alive and that no miranda warning is going to be given. that the public safety exception is being invoked by the department of justice and law enforcement. in order to do a limited and focused interrogation. this is done, in part, when they want to make sure there's no continuing imminent threat. >> and, again, legally, does this in any way imperil their case later if they don't have a miranda warning. >>...
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Apr 22, 2013
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you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the police needed to know where it was. they asked the guy they just caught where's the gun before where was the gun? >>> they asked where is the gun. >> be that as it may you have a public defender in boston who is chomping at the bit to appoint a federal judge to defend the suspect. you could reassign a public defender is he or sheable to come in and say i don't want you talking to my client? >> he or she can say that. it's not going to stop this trying to do is to collect intelligence. i'm sure that if that's what they're trying to do, they will simply continue to do it, and gather only intelligence
you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the...
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Apr 22, 2013
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i'm not quite sure that the whole issue of miranda is even relevant at this point given the fact that they have so much evidence it appears based upon the number of photos and images et cetera, et cetera. but judge, what charges might they file against him? and if this case is brought in federal court and it seems that all indications are that it will be brought in federal court, isn't a federal judge bound by, you know, the federal rules of evidence, delay because they may not be able to talk to this defendant for a month or two because he is so drugged from all of the injuries and would a judge be faced with some of the evidencery issues he would with a regular criminal in a criminal trial? >> the evidencery issues will certainly be the same. so far as delay in charging him, motions will be made. i think i can pretty well guarantee you that they will be denied. >> all right. and then you presided over the blind sheik trial and ended up sentencing him to life in prison. when you did so, we all expect as judges that we sentence someone to life that they will spend their life in prison
i'm not quite sure that the whole issue of miranda is even relevant at this point given the fact that they have so much evidence it appears based upon the number of photos and images et cetera, et cetera. but judge, what charges might they file against him? and if this case is brought in federal court and it seems that all indications are that it will be brought in federal court, isn't a federal judge bound by, you know, the federal rules of evidence, delay because they may not be able to talk...
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Apr 21, 2013
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mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking more into serial bombers and serial killers is that serial bombers are really idealogues. they don't do it for personal gain or not notoriety. they do it for the ideology. >> the cause. quick question. only 15 second. what are the chances that he talks? it seems that the older brother may have been the one that began on this path. what are the chab chances that y actually get this suspect to talk, assuming he lives? >> he may very well talk. theoreric rudolph didn't talk t, but saddam hussein talked to us eventually. this man may very well talk to us. whe
mirandaizeing someone per tains to a custodial investigation. if you're going to be using confessions and admissions in that interrogation, subsequently in a court trial, in this instance they probably have a pretty good case. they've made a decision that the public safety now mandates trying to do everything they can to get him to talk to them. now the entire case also will swing towards motivation. what did these people do this for? why did he they do this? what we found as we started looking...
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Apr 20, 2013
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he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this device. they want to know why these people did this and more importantly, how they went about doing it, any other people of foreign or domestic, they were in contact with and if he starts to talk, that will obviously help the investigation tremendously. >> anderson, you've done a great job today. thank you very much for now. i want to turn to cnn's brian todd in watertown, who shot exclusive video of the boat while the bombing suspect was still inside it. brian, a quite dramatic end game here to what has been an appalling few days for the people of wat
he's already been read his miranda rights by the fbi. but if he does have some sort of a political issue, some sort of a grudge that he wants people to know about, he may feel it's in his best interest to talk and that is certainly what law enforcement is hoping. they still want to find out are there other suspects, are there people who were accomplices in one way or another, either at helping to plan the bombing, helping plan the subsequent activities, helping plan the manufacture of this...
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Apr 20, 2013
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the interesting things, now, neil, is the question if they get him out alive, what happens with the miranda rights? one of theeissues we worked in congress and a very concerned about is whether he runs right away and gets a lawyer. i think there needs to be a u.s. attorney right beside those fbi agents. there's a public safety exception in a time like this that they have to get to the guy and find out as much as they can about any other kind of imminent threat before he lawyers up and nobody talks to him. neil: your fear is if he's killed it complicates things? >> oh, absolutely. not only what we might learn, but what we need to learn about what may have happened in the months proceeding this. neil: okay, chairman, thank you very much. our local -- >> thank you, neil. neil: our local fox affiliate now reports now that the suspect is now in custody. this is, again, something we are hearing from the local fox affiliate. we have no other confirmation of that, but that the suspect is in dust di meaning he's been taken alive. we don't know what condition he's in, but to a friend and colleague an
the interesting things, now, neil, is the question if they get him out alive, what happens with the miranda rights? one of theeissues we worked in congress and a very concerned about is whether he runs right away and gets a lawyer. i think there needs to be a u.s. attorney right beside those fbi agents. there's a public safety exception in a time like this that they have to get to the guy and find out as much as they can about any other kind of imminent threat before he lawyers up and nobody...
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Apr 20, 2013
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he will not be given a miranda warning, won't be told about the right to remain silent. once he is physically able to answer questions, they will begin to answer questions under new federal procedure. mike isikoff is familiar with this as well, he has reported on its development, the government will invoke something called the public safety rule. it is a court ordered, judge made rule that says when there's an imminent threat to public safety, when you need to answer questions to make sure there's no additional threat, nobody else, no co-conspirator, no outstanding plots, you can ask someone questions without miranda warning and answers are admissible in court. nobody knows how long the rule will last, starts to fade the moment you invoke it, probably 48 hours is the outer limit. the questioning will be done once it begins by something called high value detainee interrogation group. this was set up by the government and it consists of members of the fbi, cia and defense department. they'll do the initial questioning. after that 48 hour or whatever how many hours of publi
he will not be given a miranda warning, won't be told about the right to remain silent. once he is physically able to answer questions, they will begin to answer questions under new federal procedure. mike isikoff is familiar with this as well, he has reported on its development, the government will invoke something called the public safety rule. it is a court ordered, judge made rule that says when there's an imminent threat to public safety, when you need to answer questions to make sure...
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Apr 20, 2013
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holding up miranda warningings, the administration has done something i am relieved b. they seem to recognize you have to question these people . if they are willing to forgo. confessions. they can question him forever. two weeks and only thing that happens, they can't use that material in a criminal trial. they have plenty of other thing to convict him with. they can use for all intelligence. >> there are two ways to that result. convict him without his statement and since he made a confession that is admissible. he made it easier for you. >> you were quoting charles craught -- krauthammer. they want us dead and we have to realize a lot of people wantulse dead. >> it is a shame we need things to remind us of that. that has been true for 35 years. >> and you never let go of your resolve. mayor an honor. >> and another femo who warned about this. commander lipo, the r remember the uss cole predating 9/11. that was the terrorist real salvo to 9/11. he's next, after this. [ male announcer] surprise -- you're having triplets. [ babies crying ] surprise -- your house was bui
holding up miranda warningings, the administration has done something i am relieved b. they seem to recognize you have to question these people . if they are willing to forgo. confessions. they can question him forever. two weeks and only thing that happens, they can't use that material in a criminal trial. they have plenty of other thing to convict him with. they can use for all intelligence. >> there are two ways to that result. convict him without his statement and since he made a...
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Apr 20, 2013
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once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still hearing me, pete? nope. >> oh, there i hear you now. sorry. i hear you now. >> oh, you can hear me now. little bit of technical difficulty. but it's the kind of thing that asking for forgiveness. i guess i ask from a broader justice perspective. if he does cooperate, despite the heinous nature of the activities that he will, in all likelihood be accused of, murder, the mayhem, the terrorism in the bombing of the boston marathon, is there anything for him to be gained from a legal perspective by cooperation? >> well, he avoids the death penalty. which -- well although in the federal case, i'm not sure about th
once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enough, continue to talk anyway. but if he says i'm not going to talk, then they have to stop the questioning. >> hmm. it's interesting, i know that you heard the coverage with his uncle speaking to him, saying give up, ask for forgiveness. pete, i think -- are you still...
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Apr 22, 2013
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the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even months. but i just think it's important to emphasize that the obama administration has absolutely not considered that, has not considered that approach, and every terrorism suspect under either the george w. bush administration or the obama administration who was arrested on american soil has been treated as a criminal defendant in the united states courts. senator graham's proposal would an complete departure from that approach and i don't think there's any indication that's going to happen.that approach a there's any indication that's going to happen. >> and he's a naturalized u.s. citizen. only 19. but last
the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there has been some suggestion that can only last maybe 48 hours or so if he's formally named an enemy combatant, that would go on for days if not weeks. i guess that's the distinction. >> it's the length of time. right. the enemy combatant, if that designation were made, could go on for weeks or even...
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these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax prison in colorado. >> the 48-hour thing is not an absolute fixed time period. oh, by the way, military commissions which have not secured any convictions, really, against anyone since 9/11, there is a right to council and there procedures, too. all of which keep getting tested. don't work. >> enemy combatant has nothing to do with the military commissions. >> dzhokhar tsarnaev could be deemed enemy combatant and still tried in a civilian court, which is what happened the w jose padilla in the past. it's not done often and justice department is in unchartered waters for h
these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax...
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was told there was an exchange of gunfire, i was not there when he was taken out of the boat. >> no miranda warning, do you want to explain that to us. >> that is a federal issue.
was told there was an exchange of gunfire, i was not there when he was taken out of the boat. >> no miranda warning, do you want to explain that to us. >> that is a federal issue.
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. >> no miranda warning? >> it is a federal issue somebody else can explain that. >> there was no miranda warning given can we have an explanation? >> there is a public safety exemption with cases of national security with federal charges with an act of terrorism so the government has the opportunity right now so i believe the suspect has been taken to a hospital. thank you. >> is there a federal death penalty? >> i indicated earlier this is an active and ongoing investigation we will be reviewing all of the evidence before that decision is made in terms of whether or not to seek the death penalty. you review all of the evidence and it is a thoughtful, long process that is engaged and the attorney general of the department of justice that makes the final decision. >> can you tell us what happens at the scene was the moving around? how did you know, ? >> we know he did not go straight to the boat. when we set up the perimeter with the best intentions with a lot of information and finding blood in the car , beh
. >> no miranda warning? >> it is a federal issue somebody else can explain that. >> there was no miranda warning given can we have an explanation? >> there is a public safety exemption with cases of national security with federal charges with an act of terrorism so the government has the opportunity right now so i believe the suspect has been taken to a hospital. thank you. >> is there a federal death penalty? >> i indicated earlier this is an active and...
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in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always exactly like that and in the movies the person saying it usually has a much cooler accent but that's pretty much the idea. your statements are only admissible in court if they come after you've been told that list of things about your rights. there is a public safety exception for questions that just had to be asked of you urgently for legitimate public safety need even if those questions came before you got read the miranda. the obama administration has extended the reach of that public safety exemption so it can last longer to attend to the public safety threats that could accrue in terrorism
in terms of what he is waiting for from his miranda. you know it from "law and order." you have the right to remain silent. you have the right to consult an attorney before speaking to the police. if you cannot afford an attorney one will be appointed for you before any questions if you wish. if you decide to answer any questions without an attorney you will still have the right to stop answering. are you willing to answer my questions without an attorney present? it's not always...
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so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the guru. what he's pointing out is you do not want to mess this up. you don't want to get a confession or information without ma ran diezing him if in fact you cannot later label him as an enemy combatant then anything he says is subject to be so pressed and not in a court of law. go ahead, give him counsel, he's not going to get bond, ma ran diez him and conduct a thorough investigation so everything staunds up when we get him into a court of law. >> okay. there is no state death penalty in massachusetts. so the death penalty off the table in. >> no. don, this is an interesting thing. he is be charged by both fede
so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the...
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he will not be given a miranda warning, he will not be told about his right to remain silent. once he is physically able to answer questions, they will begin to answer questions under a new federal procedure, and mike isikoff who you were talking to is familiar with this, as well because he's reported on its development. the government will invoke something called the public safety rule. it's a court ordered, it's a judge-made rule that says when there is an imminent threat to public safety, when you need to answer questions to make sure there's no additional threat, nobody else, no co-conspirators, no outstanding plots, you can ask someone questions without giving them a miranda warning and all their answers are still add admissible in court. nobody knows how long the rule will last, starts to fade the moment you invoke it, probably 48 hours is the outer limit. the questioning will be done once it begins by something called high value detainee interrogation group. this was set up by the government and it consists of members of the fbi, cia and defense department. they'll do t
he will not be given a miranda warning, he will not be told about his right to remain silent. once he is physically able to answer questions, they will begin to answer questions under a new federal procedure, and mike isikoff who you were talking to is familiar with this, as well because he's reported on its development. the government will invoke something called the public safety rule. it's a court ordered, it's a judge-made rule that says when there is an imminent threat to public safety,...
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Apr 22, 2013
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. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over. and you're right, the enemy combatant thing was a nonstarter from the never going to happen. this is a criminal case in federal court in massachusetts, and that's where it will stay until it's resolved one way or another. >> it's going to take a while. thanks very much, jeffrey. much more on what's going on in this boston investigation coming up here in "the situation room" 0. >>> also, another terror plot released today, new information. canadian authorities announcing the arrest of two men believed to be part of a terror plot to attack a passenger train that may have been heading towards the united states,
. >> so all of that talk of some sort of public safety exception before you give him his miranda rights, all that talk of naming him as an enemy combatant, all of that is moot right now. they've gone forward with the official proceedings. >> well, they may have used the public safety exception, and apparently they were using it to question him, and he responded in some way given his medical condition. but certainly now that he has a lawyer, that period, however long it was, is over....
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we know i think that is all part and parcel of the story, and i think also we would have heard pre-miranda whether or not during the public safety exception if he had provided any information about imminent threat, additional plans, additional co-conspirators. because we haven't heard from any government sources on it, we should conclude there was nothing else in terms of imminent threat. the next step is to get all of the statements from tsarnaev and then corroborate them. to corroborate them through into good intelligence work, through question and answering with russian intelligence, going through the computers, the phone records to see if what tsarnaev has said now in a hospital bed tracks with the other information we're going to be able to uncover. >> roger, how does it track with the fact that these guys were so inadequately supported that here they are doing a carjacking, grabbing a guy, try to get him to go to the atm, because whatever money they've had has been spent on fire power and pressure cookers and they don't have enough money to get out of town. >> so what is also part of
we know i think that is all part and parcel of the story, and i think also we would have heard pre-miranda whether or not during the public safety exception if he had provided any information about imminent threat, additional plans, additional co-conspirators. because we haven't heard from any government sources on it, we should conclude there was nothing else in terms of imminent threat. the next step is to get all of the statements from tsarnaev and then corroborate them. to corroborate them...
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they won't give him his miranda warning about his right to remain silent. they will simply use a federal law, a rule, that says when there's an issue of public safety, they can use an exception to the miranda rule that allows them to find out if there's any imminent threats, any additional accomplices, any other plots, any other explosives out there. but that only lasts, say, maybe two days and then they'll have to give him his miranda warning. and the justice department says often even in cases like this people continue to talk anyway. >> even though he wasn't mirandized and that was a question that was asked last night at the briefing -- >> right. >> -- right after he was taken into custody, he doesn't lose his rights, right? >> well, he has -- that's right. i mean, he doesn't have to say -- he can't be compelled to talk. if he refuses -- if he just sits there and doesn't answer any questions, they can't make him answer the questions. but the one right that is sort of suspended is, normally speaking if the police ask -- if you're in custody and the police
they won't give him his miranda warning about his right to remain silent. they will simply use a federal law, a rule, that says when there's an issue of public safety, they can use an exception to the miranda rule that allows them to find out if there's any imminent threats, any additional accomplices, any other plots, any other explosives out there. but that only lasts, say, maybe two days and then they'll have to give him his miranda warning. and the justice department says often even in...
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Apr 23, 2013
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if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that tells us about the accused bomber and the case. jason, tell us what happens, it is fascinating. >> it really is and it is an nine page transcript we got hold of. what i can tell you is this proceeding lasted about ten or 15 minutes, started about 11:30 this morning. all of the key figures came into the hospital room and all of them introduce themselves. you had the u.s. judge there and attorneys from both sides. a court reporter there as well. and everyone present wanted to make sure that he knew exactly what was going on, know about the charges that he is facing. let me read you some of the key sec
if it was given prior to the reading of his miranda rights, it would probably be unlikely they would use that against him in court. if it was used voluntarily afterwards, likely he would. about the fact he has lawyered up, most likely we could send the information probably came prior to his reading of the miranda rights. we don't know that right now. >> thank you very much indeed. an extraordinary court session took place inside his hospital room. a transcript of that hearing tonight that...
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dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during questioning. if you cannot afford an attorney, one will be appointed for you before any questioning if you wish. if you decide to answer any questions without an attorney present, you have the right to stop answering at any time until you talk to an attorney knowing and understanding your rights as i explain them to you, are you willing to answer my questions without an attorney present. it is not always exactly like that. in the movies, the person saying it usually has a much cooler accent. but that's pretty much the idea. the idea is that your statements are only admissible
dzhokhar tsarnaev will not be read his miranda rights before he's questioned. once he's physically able to answer questions. as far as we know, he's still in too bad of shape to answer law enforcement questions at all. in terms of what he is waiting for, for his miranda, you know it from law and order, right? you have the right to remain silent, anything you say or do may be used against you in a court of law, you have the right to consult an attorney and to have an attorney present during...
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but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of relief and gladness and happy for all of tholce who are involved. i have a cold, and i took nyquil, but i'm still "stubbed" up. [ male announcer ] truth is, nyquil doesn't unstuff your nose. what? [ male announcer ] it doesn't have a decongestant. no way. [ male announcer ] sorry. alka-seltzer plus fights your worst cold symptoms plus has a fast acting decongestant to relieve your stuffy nose. [ sighs ] thanks! [ male announcer ] you're welcome. that's the cold truth! [ male announcer ] alka-seltzer plus. ♪ oh what a relief it is! ♪ [ male announcer ] to learn more about the cold truth and save $1 visit alka-se
but when he is able to you wonder whether or not the miranda situation will change and that is something to look forward to over the coming dayings. >> thousands in boston and millions in the country are relieved that the chapter is closed. but a new story begins as investigators investigate what motivated the two men and how much backing they h. >> i am happy to go to bed tonight and happy my family can go to sleep without worries about acracy terrorist. >> it is a feeling of...
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there's a lot we can do prior to miranda warning with public safety expectation. there's a threat to the public. we can accomplish a lot of the information gathering we need to under a constitutional structure without establishing a precedent where we'll treat americans like enemy combatants and throw them in a brig without having legal or constitutional right to do so. >> we know there's been back and forth with him doing some writing. from a national security standpoint, congressman, do you want to know? >> we want to know if there's further risk to the public and other co-conspirators out there that pose a risk. was there foreign direction? foreign players still involved in this. how did they organize this? was this self-directed by these two or was there foreign direction? you can imagine over the next weeks and months that's what the intelligence agencies are going to be poring through. we'll know as much as we possibly can about every day in their lives over the last few years, every trip they made, every person they talked to. every family member that can b
there's a lot we can do prior to miranda warning with public safety expectation. there's a threat to the public. we can accomplish a lot of the information gathering we need to under a constitutional structure without establishing a precedent where we'll treat americans like enemy combatants and throw them in a brig without having legal or constitutional right to do so. >> we know there's been back and forth with him doing some writing. from a national security standpoint, congressman, do...
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>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member of the joint terrorism task force and jeffrey toobin our legal analyst. jake is saying -- this is significant in terms of the information in this. but obviously a crucial question out there which is was it obtained before or after those miranda rights were read? >> the irony here is what he is saying is not particularly helpful to him. what would be helpful to him is if he had a conspiracy he could make the government to make a deal to avoid the death penalty. if he is simply saying it is me and my brother, what does he have to negotiate with? >> there's no one to else to give up. >> right. >> and frankly,
>> it's not clear whether he provided this information before or after he was read his miranda rights. i don't know. . i know, this is according to a government source, what he has told them in the preliminary investigations. >> jake tapper, thank you very much. obviously significant information there. new information from jake tapper. i want to bring in our panel live tonight. seth jones associate director of the security defense policy center at the rand corporation. former member...
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government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart attack. we're more than 78,000 people looking out for more than 70 million americans. that's health in numbers. unitedhealthcare. and "up to 75% lower copays." as a preferred pharmacy, walgreens can save you as much as 75% compared to other select pharmacies. walgreens, at the corner of happy and healthy. >>> when ruslan tsarni held court with the media on friday, he tried to give a snapshot of his nephews' lives, he also defended his heritage, as well as his newfound homeland. >> i respect this country, i love this country. this country, which gives chance to e
government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart...
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would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights time to quote remain silent and then a follow up by saying if captured i hope administration will least consider holding the boston suspect as enemy combatant for intelligence gathering purposes some state representatives took the sentiment even further calling actually torture the suspect new york state senator gregg paul wrote sos come bag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution because guess
would not be read his miranda rights as part of the fifth amendment public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspects south carolina senator lindsey graham said quote...
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Apr 19, 2013
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the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government has to classify him as such. then he is treated very differently. in american citizen jars of the typical crime, if you want to call it. stuart: and sorry to do this to you. stay right there. domestic this commercial break. we will be back quickly to myve, promise to that. ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out o10 large professional investors choose ishares for their etfs. ishar
the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government...
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would not be read his miranda rights as part of the fifth amendments public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspect south carolina senator lindsey graham said quote the last thing we may want to do is read boston suspect miranda rights telling him to quote remain silent and then followed up by saying if captured i hope administration will lease consider holding the boston suspect as enemy combatant for intelligence gathering purposes but some state representatives took the sentiment even further calling to actually torture the suspect new york state senator gregg paul wrote sos scumbag number two in custody who wouldn't want to use torture on this punk to save more lives. i wouldn't and no one else that actually respects the rule of law and the constitution be
would not be read his miranda rights as part of the fifth amendments public safety exception the problem with this is that the exception doesn't actually legally fit the suspect and for those of you who have no idea what miranda rights are the rights read to every person who is arrested in the u.s. media aftermath of the suspects detention certain elected officials quickly took to the internet to offer their two cents on how to treat the suspect south carolina senator lindsey graham said quote...
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tsarnaev was read his miranda rights and nodded yet. the only word he spoke other than that was no when asked if he can afford a lawyer. congress will be briefed today. the complaint says when the first bomb went off every head turned towards the explosion except for tsarnaev. he walks away without his nap sack. tsarnaev told investigators he and his brother acted alone prompted by their religion and learned how to make bombs on the internet. one friend of the brother says they are shocked they are suspects. >> they never showed signs of any violence or wanting to harm people. they were great members of our society. i remember a great friendly giant. he cared for people. more on the reserved side. they respected life at one point and i don't know what happened. >> joining me from boston is michael tracking the new leads and joining the fvgz former white house counter terrorism official, an nbc analyst. it is good to have you here. i think you can hear what the mom is saying and also what friends are saying. i want to start with you beca
tsarnaev was read his miranda rights and nodded yet. the only word he spoke other than that was no when asked if he can afford a lawyer. congress will be briefed today. the complaint says when the first bomb went off every head turned towards the explosion except for tsarnaev. he walks away without his nap sack. tsarnaev told investigators he and his brother acted alone prompted by their religion and learned how to make bombs on the internet. one friend of the brother says they are shocked they...
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the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the follow-up. >> all right. thank you so much for those insights. up next, the international connection. a whole host of theories about the boller's motives. what if anything did his beck ground play? ♪ if loving you is wrong ♪ i don't wanna be right [ record scratch ] what?! it's not bad for you. it just tastes that way. [ female announcer ] honey nut cheerios cereal -- heart-healthy, whole grain oats. you can't go wrong loving it. plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin designed for men's health concerns as we age. it has 7 antioxidants to support cell h
the magistrate issues the miranda warning. always the magistrate issues the miranda warning. and the part where it says if you can't afford to hire a lawyer, the court will give you one. that's the guy who gives it. the magistrate. >> on the answers, if you do get answers from a terrorist suspect, how do you distinguish between honest applies and appli applies, and reapplies that go to the investigation. >> that's for the investigators. can they determine if he is lying and the...
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earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and 70 people and including carjacking and that engaging in a shootout and kill in the off. kill with police under bridge droll over while flame. the kid rush of when asked if he can afford lived in the united states for 10 years. just last year in is unclear he was doing in rush the court has resulting in death. yet or did he have any contact with others. exploside device resulting >> pam: in death. if convicted.he could face >> catherine: the death penalty. people with investigators.mostly across the city of boston through writing and headhe's in ser
earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and...
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that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to look into his activities. there was a belief by that government he might have been involved in some kind of activities. the fbi did look into it. they issued a statement i want to read to you in part saying in response to the 2011 request, the fbi checked data basis looking for things such as derogatory telephone communications, and possible use of online sites associated with the promotion of radical activity, and associations with other persons of interest, and travel history and plans. the fbi did not find anything of concern. and the older brother trav
that's why you are not seeing him read his miranda warnings. he doesn't have to have a lawyer right away. no decision on whether he would be held as an enemy combatant but they want to get as much information as possible, and they are using the government's detainee interrogation group, we are told. so where are we right now? well, the fbi, as we now know, had a request from a foreign government to look into the older brother last year before he travelled -- when he was traveling to russia to...
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Apr 22, 2013
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let's talk about miranda here and the fact that his rights have not been read to him. what do you make of that? will that be an issue going forward in this particular case? >> you know, it depends. first, i don't know -- we don't know if he's said anything. if he hasn't made any statements at all, the fact that he didn't get his miranda rights read is not going to be an a relevant issue. if he's made statements i think what the government is doing in expanding that public safety exception beyond the immediacy of the act i think is something that will be taken up, and it will have to be looked at maybe by the u.s. supreme court who just last week heard oral argument in the case from houston that was asking the question when does the fifth amendment or when does your right to remain silent gyp, and so we're already looking at these issues. this is an expansion i think that expands the public safety exception. i think some court is going to have to look at that. >> thank you very much. it's been almost a week now since this city was terrorized, and it's seemingly been one
let's talk about miranda here and the fact that his rights have not been read to him. what do you make of that? will that be an issue going forward in this particular case? >> you know, it depends. first, i don't know -- we don't know if he's said anything. if he hasn't made any statements at all, the fact that he didn't get his miranda rights read is not going to be an a relevant issue. if he's made statements i think what the government is doing in expanding that public safety exception...